Other conditions decisions — 2014

The Veteran's restrictive ventilator defect is currently rated at 60 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Veteran's cardiovascular disorder is not service-connected as it was present prior to his military service and there is no evidence of its aggravation during service. The Board finds that the condition is not related to herbicide exposure.

The Board has decided to remand the case for additional development, including scheduling a VA examination and obtaining medical records. The Veteran's claim of entitlement to service connection for bilateral fallen arches will be reconsidered after these steps are completed.

The Veteran's service-connected psychotic disorder has been manifested by total occupational and social impairment throughout the appeal period, warranting a 100 percent evaluation.

The Veteran's current bilateral foot disabilities are not shown to be related to his military service, or to any incident therein. The Board finds the Veteran's contentions herein to be lacking in probative value.

The Board has determined that the Veteran's claim for an earlier effective date for a 30 percent rating for cataracts of the left eye is denied. The earliest date on which it can be ascertained that an increase in disability had occurred was April 14, 2006.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of any lower extremity disorders. The issues will be returned to the Board once further development has been completed.

The Veteran's claim for an extension of his delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code (MGIB) beyond July 30, 2006 was denied as he did not apply within the original eligibility period or provide good cause for his failure to timely file a request.

The Veteran's stomach disability is found to be secondary to the medication prescribed for his service-connected discoid lupus erythematosus with systemic lupus erythematosus and tumidus lupus. Service connection for this condition is granted.

The Board has reopened the claim for service connection for a back injury, but it is REMANDED to obtain additional medical opinions and review the merits of the case.

The Board found that the Veteran's daughter was attending an approved educational institution as of her eighteenth birthday, and thus removal from VA dependency benefits was improper.

The Veteran's request for an increased rating for his right shoulder disability was denied, and service connection for a cervical spine disability as secondary to the right shoulder disability was also denied.

The Board finds that the Veteran's stroke, aphasia, and right side paralysis are not related to his service in Southwest Asia during the Persian Gulf War. The evidence does not support a finding of an undiagnosed illness or chronic multisymptom illness.

The Board found that the appellant's countable income for death pension benefits purposes has not been correctly calculated, and termination of entitlement to death pension benefits from January 1, 2011 was not proper.

The Board has determined that the Veteran's dislocation of the right second toe is a result of an error in judgment during VA treatment, specifically the steroid injections she received. This decision grants compensation under 38 U.S.C.A. § 1151.

The Veteran's appeal for additional months of eligibility under the Post-9/11 GI Bill is denied as there are no legal grounds to support his claim.

The Board denied the Appellant's request for an additional extension of her delimiting date for Dependents Educational Assistance (DEA) benefits, finding that she did not meet the legal criteria to extend beyond January 27, 2012.

The Board has remanded the case due to a need for an updated financial status report from the Appellant. The overpayment issue will be further reviewed after receiving this information.

The Veteran's death was caused by head and neck cancer, which is not service-connected. The appellant seeks service connection for lung cancer and lymph node cancer on an accrued benefits basis due to exposure to herbicides/Agent Orange while in Vietnam or the contribution of his service-connected coronary artery disease.

The Board denied the Veteran's claim for eligibility to receive MGIB-SR education benefits because the Department of Defense (DoD) has not determined that he is eligible.